Why put an employee to preventive suspension
According to Supreme court: Gatbonton vs. NLRC (G.R. No. 146779, January 23, 2006)
“Preventive suspension is a disciplinary measure for the protection of the company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. The employer may place the worker concerned under preventive suspension if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers. However, when it is determined that there is no sufficient basis to justify an employee’s preventive suspension, the latter is entitled to the payment of salaries during the time of preventive suspension.”
You may also want to read: - How to write notice to explain memo - How to write a notice of decision memo - How to conduct an administrative investigation - How to write a notice of administrative meeting - Due Process and Employee Relations - Due Process and Employee Resignation - Termination: Just Causes (1) - Termination: Just Causes (2) - Termination: Authorized Causes - Termination: Health Reasons
According to Omnibus Rules in Implementing Labor Code
“Section 8. Preventive suspension. The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers” (Rule XXIII, Book V).
This kind of suspension shall last longer than 30 days (In JRS Business Corp. v. NLRC, et. al., 246 SCRA 445 [1995], the Supreme Court penalized the employer to pay indemnity in the amount of P1,000 when it violated the maximum 30-day preventive suspension.) The employer shall thereafter, reinstate the worker in his former or in a substantially equivalent position (actual reinstatement) or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker (payroll reinstatement). In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decided, after completion of the hearing, to dismiss the worker.
How to put an employee to a preventive suspension
You may include the notice of preventive suspension on the notice to explain
Can abuse of this be a ground for constructive dismissal?
Yes ,When preventive suspension exceeds the maximum period allowed without reinstating the employee either by actual or payroll reinstatement (see Hyatt Taxi Services Inc. vs. Rustom M. Catinoy, G.R. No. 143204, June 26, 2001), or when preventive suspension is for indefinite period (see Pido vs. National Labor Relations Commission, G.R. No. 169812, Feb. 27, 2007), constructive dismissal will set in.
What violations are not covered by this kind of suspension?
The Court held that it is improper for the employer to place under preventive suspension employees charged of violation of school rules and regulations on the wearing of uniform, tardiness or absence, and maliciously spreading false accusations against the school. (See Woodridge School vs. Pe Benito, G.R. No. 160240, October 29, 2008.)
For preventive suspension to be legal, there should be an imminent threat to life and property.
My batas po ba na kung ilan lng beses dapat magrefuse ang isang company sa grievance.?kung meron ano po ito?
none that I know of
hello po currently I am in preventive suspension, due to taking a parts ( lcd and hard disk ,memory from disposal laptop and computer , but i din’t get it outside of office premises, I put it to my office drawer for isolation purposes , as a Computer technical specialist, with out knowing my supervisor, that I take the part and keep it in my drawer , as of now the parts is in there safekeeping
my Question tama ba na pagbintangan na nila ako na kinukuha ko or nilalabas ko yung parts?
pwde ko ba silang kasuhan dahil pili nilang pinapa amin yung hindi ko ginagawa?
it depends on your policies and procedure.
Hi Sir! Good Day po. Hingi lang po sana ako ng advice.
Connected po ako sa isang SALES COMPANY & I am currently under preventive suspension for 30 days due to audit findings. Ang nangyari po is my mga walk-in customers na bumili sa akin in CASH and since hindi sila registered as regular customers (sari-sari store) ang isinulat ko na name of customer sa resibo is yung nasa database namin but recently nagsara na ito dahil lumipat na sila ng tirahan, pero yung walk-in customers na iyon ay dating”suki” ng tindahan na sini-serve ko nung hindi pa ito nagsara. Ang grounds ng preventive suspension ko po ay Dishonesty and other Fraudulent Acts.
Since the audit was made among all field sales personnel, (2) two of my colleagues that were audited days prior than mine also results to a violation on Dishonesty and other Fraudulent Acts. No NTE and Preventive Suspension were given to them.
The day when NTE and at the same time preventive suspension was given to me na-feel ko po na parang napaka-unfair naman. Kung doon nga sa naunang na-audit na ang resulta ay parehas sa akin ay walang binigay na NTE and Preventive Suspension bakit sa akin ganito. Pumapasok pa rin sila sa trabaho at sumasahod pa samantala ako hindi.
********* Q U E S T I O N S
1. I understand the purpose of preventive suspension, but not being implemented fairly among all employees is a big question to me. Is there a violation committed in this situation?
2. Can I file complaint because of not being treated fairly?
3. In this case will I be dismissed from my job? Upon dismissal mayron pa po ba akong matatanggap sa company?
4. Ano po sa tingin niyo ang dapat kong gawin na hakbang? What are your legal advices regarding my case?
Thank you so much.
1. I understand the purpose of preventive suspension, but not being implemented fairly among all employees is a big question to me. Is there a violation committed in this situation?
Since we are not privy to the other details as to why PS was selectively applied to you, we cannot conclude that there is violation. BUT, you can respectfully discuss this with your HR, and indicate the same in your explanation letter.
2. Can I file complaint because of not being treated fairly?
It is within your prerogative
3. In this case will I be dismissed from my job? IT DEPENDS ON THE RESULT OF THE INVESTIGATION
Upon dismissal mayron pa po ba akong matatanggap sa company? FINAL PAY (unpaid salary if applicable + prorated 13th month if applicable + unused leaves if applicable)
4. Ano po sa tingin niyo ang dapat kong gawin na hakbang? I am not a lawyer so I will not be giving you legal advise. But answer the allegations in writing, and attend the admin hearing to explain yourself
Good morning. I am still on probationary period and just got my 3rd month evaluation as failure to perform. Yes I failed my PA even if I say otherwise.
Nevertheless, they already posted that my position was vacant before I even got my evaluation. Is that even right?
They said thats to protect them just in case I wont pass my 5th evaluation and that they can find a replacement if so. For me I wad stabbed behind my back.
I am looking for other employers now, and if I bagged for one, do I still have to render the 90days turnover just what is stated in my contract?
if they will end your probationary contract, no need for the 30 days notice (or is it 90 days in your contract?). But if you will pass your proby, then you might be required.
If you will resign, you may want to do it now, and effectivity date is the end of your proby contract
Kung isang empleyado po ay allegedlly nag-malverse, pwede po ba siyang ipreventive suspension pending investigation
yes, while administrative investigation is on-going
Hi Good PM. I’m under preventive suspension right now for 7 days. Payday po namin today naka hold po ang salary ko. After po ba ng suspension ko makukuha ko na po ung salary ko last cut off? Thank you po.
if hindi ka naterminate, you should receive that sa regular release ng salary. if terminated, you will receive that after processing ng clearance as part of your final pay.
Hello. I would like to seek advice.
I am bookkeeper and I was preventive suspended last April 24, 2019 due to allegation of unremitted/undeposited amount. After the investigation occurs, the audit finds it was over remittance which includes the cash advances of my co-employees and without the authority of the management that was my only fault. Is this fault will be arise due to termination or grievance? And what will be effect if I am plan on applying to another job? Thus, until now the final notice of decision of the management is not yet been resolve. Can I file resignation for it?
Thank you in advance and more power.
you may file resignation during the investigation, but it will be rejected.
if a decision has been made, you can request management to resign instead. this will be good to your records if management will approve.
there is a chance strong chance of termination since this not involves money, but the job entails trust which has been breached.
Hi sir Sonnie God day!!
I’m under of preventive suspension on may 28 2019..
But the h.r and the lawyer of our company call me and said ” nag bigay na kami Ng back to work letter mo di na tatapusin Ang suspension mo. ” On June 16 2019 ..
Pero tinuloy pa din po Ng operation manager namin Ang suspension ko kahit PO napawalang Sala na ako.. and as per h.r and the lawyer di na talaga ako dapat babaan Ng memorandum dahil tumulong Lang ako SA complain Ng isang staff..
Gusto ko Lang po malaman Kung pwede ba maextend Ang suspension ko kahit nailabas na Ang results Ng h.r at Ng company lawyer namin.? At results PO Wala talaga akong nilabag SA Company para na suspended or ma terminate..
Salamat PO sir Sonnie.
HR is the authority on this area, if other groups will extend your suspension without valid order, your may demand compensation to the days involved.
Hi sonnie!
What are the rules applied to an employee who is under a preventive suspension?
1. Are they allowed to be seen within the vicinity of the mall that the store is located?
2. If not, what if the emoloyee involved went inside the premisses without any permission from the company?
3. Can we file a case against them? once we found out that during the suspension they are still going inside the premisses of the store.
Hope we could also exhange emails for I still have plenty of questions to ask.
Thanks in advance.
1. Are they allowed to be seen within the vicinity of the mall that the store is located? ONLY TO THE EXTENT THAT THEY CANNOT INFLUENCE THE INVESTIGATION
2. If not, what if the emoloyee involved went inside the premisses without any permission from the company? GO AFTER SECURITY FOR THE LAPSE
3. Can we file a case against them? once we found out that during the suspension they are still going inside the premisses of the store. SAME ANSWER AS #2
Hello po Good day, I have some concerns lang po sana. I am hoping na ma address po sana ung concern ko, there’s an event po kasi sa office namin, any way This is Ms. Stephanie po, as a recruitment officer.
Kwento ko lang po briefly ung nangyari, bali absent po kasi ako last May 30, 2019, meron po kasi akong inasikaso na family matter, I did inform my manager sa group message namin sa fb messenger na hnd ako mkakapasok during that time and he did acknowledged it by simply thumbs up.
then during that time hnd din nakapasok ung co worker ko which happens to be one of my close co-worker sa office. ang reason niya is ieenroll niya ung anak niya.
after the event, he called me, na nag iinvite ung mga applicant namin na padeploy to have a picnic in Luneta. so parang despedida na din po nila un. since mag aalas singko na din yun, at I’m done with my personal business I decided to go with them.
Then yesterday, June 6, 2019. Our manager issued us a 30 days suspension. PREVENTIVE SUSPENSION to be exact, because of that event. At pinauwi nila kami agad agad kahapon din. They leave us no choice but to sign the said notice. My manager didn’t issue us a written warning, he issued suspension agad.
We just wanted to know if tama po ba ung ginawa niya na pag suspend samin agad without written warning muna ?
salamat po.
preventive suspension is not a sanction, as explained in this article. what you need to check with the memo given to you is the case that merits preventive suspension
My friend was put on preventive suspension for 30 days. after the investigation, the decision was 15 days suspension. Does it mean another 15 days of suspension in addition to the 30 days already serve? As for the pay, is it okay for the company not to pay the whole 45 days?
ideally, the sanction can be applied retroactively on the 30 days preventive suspension. the 30 days is without pay
Give him 15 days preventive suspension. After 15 days of suspension, can i extend his preventive suspension for another 15 days?
maximum of 30 days
Hello, i just want to ask in regards about my situation right now. Im currentlyin a preventive suspension for like for like 1 month and 20 days. Is it normal that the company did not update me with the status of my case? And aside from that, is the compny obliged to provide a notice or any form of communication that they will extens my suspension? please help me .
preventive suspension is only good for 30 days to finish the investigation. if extension is needed, dapat may notice, and beyond 30 dats is with pay.
The issue is about the case of my sister, she received a preventive suspension for 30 days. Because she change the amount in duplicate copy of receipt. But the shortages of receipt was not went to her pocket. She just omitted to attached that the particular amount was being used for other services. So therefore the owner of the company accused and making some malicious statements and threatening that affects her so much. She was so devastated because it’s not her intention to make mistake. She almost served the company for 3 decades. She worried about her suspension and her benefits if it will be forfeited. What will be her legal action about this?
that is a termination offense, falsification of documents. falsified OR have far reaching consequence on the company with the BIR
Does the 30-day preventive suspension mean 30 working days?
possible
I’m currently on preventive suspension due to allegedly violation and accusation that my company access was used for answering survey(call center agent). There is no enough evidence. I was told that since client was involve they need to place preventive suspension. They are not giving me enough evidence and it looks like they just follow clients rule instead of company policy. I’m pregnant and they are giving me so much stress. I was told that if proven innocent they are also not liable to pay that 30days suspension? Is it legal? I don’t know what step needs to do…
the 1st 30 days of preventive suspension is not paid. if company will extend because case is not yet closed, then it’ll be paid
For suspension as an administrative penalty, which is not a preventive suspension, is it also a maximum of thirty (30) days? Also, how is thirty (days) defined? Is it one (1) month? or is it thirty (30) working days, which is actually a period of forty (40) days, including the 2 weekend days in between?
it depends on the company policy
What if an agent was placed on preventive suspension for no specific reason? Just because the client told the company to do so. And how can the agent explain himself as for his NTE? If there is no specific reason was given? And part of the process is undergoing admin hearing, what if they will brought up something different from the NTE that was given? Would that lead to constructive dismissal as it will look like they are just trying to look for reason to remove people?
the preventive suspension should be included on the NTE, or a separate notice after NTE was served.
The management discovered that one of our employee has no sign on the receiving payslips since the time he was hired. He was the one who facilitate and process the payroll which also part of his function was to distribute and collect payslips of the employees.
1) Was it right to put the employee in to a preventive suspension?
2) On what grounds, can the employee be put in preventive suspension while the act was not stipulated on our code of conduct?
what is your reason why you will put employee to preventive suspension?
is it covered by this ruling the act of not signing or receiving payslips? could it be fall under serious and imminent threat to the property of the employer?
who was involved and what’s the circumstances?
My colleague sent me a gif containing pornographic image on our personal group chat while at the office. Our guard saw it on my monitor and I was reported that I am the one who sent it even though it’s my colleague. I’m only the receiver of the gif. We are both under preventive suspension for 7 days. can I still be paid on that 7 days?
Thanks
preventive suspension is not paid.
hello. i have a question. i was placed in preventive suspension for allegedly posing a threat to my co-employee. can the company issue a notice of immediate termination of employment before the prescriptive period of preventive suspension? thank you.
yes, as long as due process was observed
We have a site supervisor who allegedly instructed an employee to do extra jobs which are beyond the job assignment like getting and selling fruits and place the earned money somewhere he can get it later. Afterwards, the employee claimed that there was power tripping after he did not follow the order. Is this enough ground for a preventive suspension of the supervisor?
possible
After the employee reply to the NTE of Fraud. Can we do the preventive suspension for 15 days, while we do the investigation and hearing.
yes, if di pa kasama sa NTE yung notice of preventive suspension, then issue a preventive suspension memo
I was on lunch that time when I found a lost phone. I knew the fact that there were cameras in the office and also I definitely don’t have any interest with the phone so I planned to return it. I took the phone with me since no one claimed it. I took the phone and didn’t turned it off because I waited for the owner to call unto that phone (because that’s what owner normally do before reporting it lost) there’s someone who texted to that phone so I saved the number to my phone so I could return the phone after my shift. I saved that number so I have someone to contact to return the phone to the owner because my lunch is about to end. btw I did important things during my lunch that’s why I wasn’t able to surrender it to the hr. then after few hours they held me into confession room and I honestly told them that I did took the phone because I was planning to return it to the owner. I did explained what happened but still they served me the preventive suspension due to what i did is against company code of conduct as per the hr.
i spoke with the phone owner and he told me he didn’t got any email or anything regarding the issue. he told me that he didn’t know i was suspended. what I would like to ask is, during the process of investigation, is it really normal that hearing will be held without the phone owner and is it really unnecessary that owner of the phone was not informed what happened to the case?
that is possible if the basis of your (preventive) suspension, and admin investigation is the cctv footage. go check your code of conduct to see if they are consistent with the policy
Can an employee that was put on preventive suspension then reinstated after 30 days with pending case result then terminated after a week and after submitting an appeal to higher management was reinstated again can still reimburse the 1month wages when he was in suspension?
nope
An unfortunate event happened at our workplace and I would like to seek for your advice. I have been physically and verbally abused by an employee from in the upper management. I am currently working as a branch head in our company. One day,while I was seated and using my mobile phone at the front desk of our office, he came up behind me and hit me at the back of my head and cursed at me. He kept shouting “p***inamo suntukan tayo!” repeatedly. I told him that what he did was wrong and that he has no right to hit me and curse at me like that, this further infuriated him. He kept on repeating those as if to provoke me in to fighting him. He kept on repeating those words and I knew that he wasn’t going to stop. When i have had enough of his trash-talking and couldn’t take his invectives anymore, I took his challenge to fight me. I asked him to hit me first. We were then pacified other employees that were there during the incident.
I believe that if an employee makes a mistake, it is never the right of a superior to physically and verbally abuse its employee.
I wrote a letter to our HR manager regarding this incident, and they didn’t take immediate action in this. What they did was ask me to write a notice to explain about two incidents that had nothing to do with the exchange. They didn’t want me to have a copy of the NTE (even a photocopy or a mere photo). When I insisted on having a copy of this, they immediately took it back and said that we’ll deal with it next time.
Now, after 3 weeks since the incident, they informed me that I will be placed under a 15-day suspension starting tomorrow because of the incident. I was informed of this thru a company chat group without any document formally informing me of this.
My questions are these: Is my suspension legal? Is it being served in a lawful way?
What else can I do about the superior that hit me? It seems that there is nothing our HR can do because of his position. I have suffered physically, mentally and emotionally because of what he did to me in front of my colleagues and clients.
Is there any case that I can file regarding this matter?
Thank you in advance and more power.
(1) if you are willing, the abuse done by the representative of management can be grounds for immediate resignation
http://asksonnie.info/due-process-resignation/
(2) if you are under preventive suspension, you should receive a notice to explain for the incident, included in that is the preventive suspension notice
(3) if you have filed a complaint to HR, follow up on that.. Hitting you at the back is tantamount to physical harm, not to mention the mental wellness effect of the verbal abuse you received.
I’m currently on preventive suspension due to I allegedly manipulated my time for 2 days that I did not report for work (currently in the process of writing my explanation).
It was served to me without a coaching. Is that legal?
possible
How to compute for the reinstate employee from preventive suspension… is it really 30 days or 26 days X daily rate? ( 26 days = 30 days less 4 days for Rest day)
preventive suspension is without pay
Is it legal to apply preventive suspension to an employee, when despite several warning about his dishonesty and malfeasance performance he is still continue the same act? or is their any other penalties applicable to him?
likely termination